BILL ANALYSIS                                                                                                                                                                                                    Ó



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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2280 (Alejo)
          As Amended  August 18, 2014
          Majority vote
           
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          |ASSEMBLY:  |57-12|(May 8, 2014)   |SENATE: |25-7 |(August 22,    |
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           Original Committee Reference:    H. & C.D.  

           SUMMARY  :  Allows local governments to establish a Community  
          Revitalization and Investment Authority (Authority) in a  
          disadvantaged community to fund specified activities and allows  
          the Authority to collect tax increment.  

           The Senate amendments  :  

           1)Provides that prior to an Authority becoming effective, the  
            successor agency or designated local authority must adopt  
            findings of fact reflecting the following:

             a)   No former redevelopment agency assets which are the  
               subject of litigation against the state, where the city or  
               county or its successor agency or designated local  
               authority are a named plaintiff, have been or will be used  
               to benefit any efforts of an Authority unless the  
               litigation, has been resolved by entry of a final judgment  
               by any court of competent jurisdiction and any appeals have  
               been exhausted.

             b)   A successor agency has complied with an order from the  
               State Controller (Controller) to transfer any assets  
               transferred from the by the city, county, or city and  
               county that created the redevelopment agency and another  
               public agency to the successor agency.   
           
           1)Adds a requirement that an Authority hold a third public  
            hearing when considering a proposed project area. 
             
          2)Requires an Authority to hold a protest proceeding at the  
            third public hearing to consider whether the property owners  
            and residents within the plan area wish to present oral or  
            written protests against the creation of the authority.








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          3)Provides that if 50% of the combined number of residents and  
            property owners in the proposed plan area oppose the creation  
            of the plan then the Authority must hold an election of the  
            residents and property owners on the plan.  

          4)Requires the election of the residents and property owners to  
            be by mailed ballot and if a majority opposes the plan then  
            the Authority must not take any action to impose the plan and  
            must wait one year before proposing a revised plan. 

          5)Requires the Authority to conduct an audit beginning in the  
            first calendar year that it has allocated accumulative total  
            of more than $1 million in tax increment revenues including  
            any proceeds of a debt service for affordable housing  
            purposes.

          6)Requires the Controller to develop audit guidelines for  
            Authorities on or before December 31, 2020. 
          7)Provides that if an Authority is required to conduct an audit  
            prior to the Controller adopting audit guidelines, then the  
            Authority must prepare an audit meeting the Controller's  
            guidelines on or before January 1, 2022     

           AS PASSED BY THE ASSEMBLY  , this bill allows local governments to  
          establish an Authority in a disadvantaged community to fund  
          specified activities and allows the Authority to collect tax  
          increment.  Specifically,  this bill  :  

          1)Includes legislative findings regarding the intent of the  
            Legislature to create a planning and financing tool to support  
            the revitalization of disadvantaged communities. 

          2)Establishes an Authority as a public body to carry out a  
            community revitalization plan (plan) within a community  
            revitalization investment area (area).

          3)Provides that for the purposes of receiving tax increment  
            revenues, pursuant to California Constitution Article XVI,  
            Section 16, an Authority is a redevelopment agency.

          4)Allows an Authority to be created in either of the following  
            ways:

             a)   A city, county, or city and county may adopt a  








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               resolution creating the Authority.  The governing board  
               must include three members of the governing board of the  
               city, county, or city and county that created the Authority  
               and two public members who live or work in the area; or 

             b)   A city, county, city and county, and special district  
               may create an Authority by entering into a joint powers  
               agreement that shall establish the composition of the  
               governing board, which must include two public members who  
               live or work in the area.

          1)Prohibits a school entity from participating in an Authority. 

          2)Prohibits a city or county from forming an Authority until the  
            successor agency or designated local authority of a former  
            redevelopment agency has received a finding of completion from  
            the Department of Finance that the former redevelopment agency  
            is fully dissolved. 

          3)Prohibits a successor agency to a former redevelopment agency  
            from participating in an Authority. 
             
          4)Allows an Authority to establish an area if at least 80% of  
            the land, calculated by census tract, is characterized by both  
            of the following conditions:

             a)   An annual median income that is less than 80% of the  
               statewide annual median income; and 

             b)   Three of the following four conditions exist:

               i)     Unemployment that is at least 3% higher than the  
                 statewide median unemployment rate;

               ii)    A crime rate that is 5% higher than the statewide  
                 median crime rate;
               iii)   Deteriorated or inadequate infrastructure such as  
                 streets, sidewalks, water supply, sewer treatment or  
                 processing, and parks; and 

               iv)    Deteriorated commercial or residential structures.  

          1)Provides that the conditions in 8) b) above, constitute blight  
            for the meaning of Community Redevelopment Law.









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          2)Provides that the Authority is not required to make a finding  
            or conduct a survey of blight. 

          3)Allows an Authority to establish an area in a former military  
            base that is principally characterized by deteriorated or  
            inadequate infrastructure and structures. 

          4)Requires a governing board of an Authority established in a  
            former military base to include, as one of its public members,  
            a member of the military base closure commission. 

          5)Subjects an Authority to the Ralph M. Brown Act. 

          6)Allows an Authority to do any of the following:

             a)   Provide funding to rehabilitate, repair, upgrade, or  
               construct infrastructure;

             b)   Provide funding for low- and moderate-income housing;

             c)   Remedy or remove hazardous substances pursuant to the  
               Polanco Redevelopment Act;

             d)   Provide for seismic retrofits of existing buildings; 

             e)   Acquire and transfer property subject to eminent domain;


             f)   Prepare and adopt a plan for an area subject to  
               Community Redevelopment Law;  

             g)   Issue bonds; 

             h)   Borrow money, receive grants, or accept financial or  
               other assistance or investment from the state and federal  
               government or any private lending institution for any  
               project within its area of operation;

             i)   Receive funding from the California Environmental  
               Protection Agency under the Water Security, Clean Drinking  
               Water, Coastal and Beach Protection Act of 2002;

             j)   Coordinate with a qualified community development entity  
               to maximize the benefit of New Markets Tax Credits;









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             aa)  Appropriate funding that the governing body deems  
               appropriate for administrative expenses;

             bb)  Make loans or grants for owners or tenants to improve,  
               rehabilitate, or retrofit buildings or structures in the  
               area; and 

             cc)  Provide direct assistance to businesses within the plan  
               in connection with new or existing facilities for  
               industrial or manufacturing uses.  

          1)Allows money appropriated to the Authority from the  
            legislative body or bodies that created the Authority for  
            administrative expenses to be paid as a loan or grant. 

          2)Provides that if the Authority is loaned funding for  
            administrative expenses, the property owners within the plan  
            area will be made third party beneficiaries of the repayment  
            of the loan. 

          3)Provides that in addition to the common understanding and  
            usual interpretation, the term "administrative expenses"  
            includes, but is not limited to, expenses for planning and  
            dissemination of information.  

          4)Allows an Authority to adopt a plan to receive tax increment  
            generated in an area.  The plan must include the following:

             a)   A statement of the principal goals and objectives;

             b)   A description of the deteriorated or inadequate  
               infrastructure within the area and a program for  
               construction, repair, or upgrade of existing  
               infrastructure;

             c)   A program to spend 25% of the tax increment collected to  
               increase, improve, and preserve the community's supply of  
               low- and moderate-income housing;

             d)   A program to remedy and remove a release of hazardous  
               substances;

             e)   A program to fund or facilitate economic revitalization  
               of the area; and 









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             f)   A fiscal analysis of the projected receipt of revenue  
               and projected expenses over a five year planning period. 

          1)Requires the Authority to adopt a program that prohibits the  
            number of housing units for extremely low-, very low- and  
            low-income households in the sustainable communities  
            investment area from being reduced during the effective period  
            of the sustainable communities investment plan, and requires  
            the replacement of these housing units within two years of  
            their displacement. 

          2)Allows an Authority to transfer funding for affordable housing  
            to a housing authority or the entity that received the housing  
            assets of the former redevelopment agency within the project  
            area, if it makes a finding that the transfer will reduce  
            administrative costs or expedite the construction of  
            affordable housing. 

          3)Requires an Authority to comply with all provisions of the  
            Community Redevelopment Law in administering tax increment  
            funding set-aside for affordable housing. 

          4)Requires an Authority to contract for an independent and  
            financial audit every five years, conducted by guidelines  
            established by the Controller, and submit it to the  
            Controller, Director of the Department of Finance, and the  
            Joint Legislative Budget Committee. 

          5)Requires the audit to determine compliance with the affordable  
            housing maintenance and replacement requirement including  
            provisions to ensure that the replacement requirements are met  
            within the five year period covered by the audit. 

          6)Provides that if the Authority fails to meet the maintenance  
            and replacement requirement for affordable housing it must  
            adopt and submit to a plan with its yearly financial audit to  
            show how it will comply with those provisions within two  
            years. 

          7)Requires the controller to review and approve an Authority's  
            plan to meet the replacement housing requirements and ensure  
            that the plan includes one or more of the following means of  
            achieving compliance:

             a)   Expenditure of an additional 10% of gross tax increment  








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               revenue on increasing, preserving, or improving the supply  
               of low-income housing;

             b)   An increase in the production by an additional 10% of  
               housing for very low-income households as required under  
               the CRL housing production requirements; and/or 

             c)   The targeting of expenditures from the Low- and  
               Moderate-Income Housing Fund toward rental housing  
               affordable to and occupied by a person of very low and  
               extremely low income. 

          1)Establishes a public process for adopting a plan or amending a  
            plan to receive tax increment generated in an area that must  
            include the following:

             a)   The Authority must hold two public hearings at least 30  
               days apart;

             b)   The plan must be made available to the public and to  
               each property owner within the area at a meeting held at  
               least 30 days prior to notice of the first public hearing;

             c)   Notice of the first public hearing must be given at  
               least once a week for four weeks prior to the hearing in a  
               newspaper of general circulation and mailed to each  
               property owner in the proposed area of the plan; and 

             d)   Notice of the second public hearing must be given not  
               less than 10 days prior to the date of the second hearing  
               in a newspaper of general circulation and mailed to each  
               property owner in the area of the plan.

          1)Requires a notice informing the public and property owners in  
            the area of a public hearing to discuss the plan to receive  
            tax increment to include:

             a)   The specific boundaries of the proposed area;

             b)   The purpose of the plan; and

             c)   The time and place of the public hearing.

          20)Requires that notice of the second hearing must include a  
            summary of the changes made to the plan from the first  








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            hearing.

          21)Allows the Authority to inform tenants of properties in the  
            area of the plan to receive tax increment in a manner of its  
            choosing.

          22)Allows an Authority to adopt a plan by ordinance at the  
            conclusion of the second public hearing. 

          23)Allows an Authority to begin receiving tax increment funds  
            beginning on the first December 1 after the plan is adopted.

          24)Allows any taxing entity other than a school entity that  
            receives property taxes in an area to adopt a resolution,  
            prior to the adoption of the plan, to direct the county  
            auditor-controller to allocate its share of tax increment  
            funds to the Authority. 

          25)Allows the resolution adopted by a taxing entity directing  
            its share of tax increment to the Authority to allocate less  
            than the full amount of tax increment, establish a maximum  
            amount of time in years, or limit the use of funds to specific  
            purposes or programs.  

          26)Allows a taxing entity to repeal a resolution directing a  
            portion of its tax increment to the Authority by giving the  
            county auditor-controller 60 days' notice, except that the  
            auditor-controller will continue to allocate to the Authority  
            the portion of tax increment necessary to repay any debt  
            issued by the Authority that has not been fully repaid. 

          27)Requires that if an area overlaps with a former redevelopment  
            agency the plan must specify that any tax increment collected  
            is subject to and subordinate to any preexisting enforceable  
            obligations of the former redevelopment agency.

          28)Requires an Authority to complete an annual independent  
            audit.

          29)Requires an Authority to post a draft of the audit on their  
            Web site and mail it to the each of the taxing entities that  
            are contributing tax increment to the area. 

          30)Requires the annual audit to include:









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             a)   A description of the projects undertaken in the fiscal  
               year and a comparison of the progress expected on those  
               projects compared to the actual progress;

             b)   A chart comparing the actual revenues and expenses  
               including administrative costs of the Authority to the  
               budgeted revenues and expenses;

             c)   Amount of tax increment revenues received;

             d)   Amount of revenues received and expended for low- and  
               moderate-income housing;

             e)   Assessment of the level of completion of the projects in  
               the plan; and
             f)   Amount of revenues expended to assist private  
               businesses. 

          1)Provides that if an Authority fails to provide a copy of a  
            completed financial audit to the Controller within 20 days of  
            receiving a written notice of failure to comply, the Authority  
            shall forfeit the following to the state: 

             a)   $2,500 where the Authority has total revenue of less  
               than $100,000;

             b)   $5,000 where the Authority has total revenue of at least  
               $100,000 but less than $200,000; and 

             c)   $10,000 where the Authority has total revenue of at  
               least $250,000. 

          1)Provides that if an Authority fails to provide an audit for  
            two years in a row, after receiving a notice of failure to  
            comply, it must forfeit double the amount required above based  
            on its revenue size. 

          2)Provides that if an Authority fails to provide an audit for  
            three or more years in a row, after receiving a notice of  
            failure to comply, it must forfeit triple the amount required  
            above based on its revenue size. 

          3)Provides that if an Authority fails to provide an audit for  
            three or more years in a row the Controller shall conduct or  
            contract to conduct an independent financial audit report paid  








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            for by the Authority.

          4)Provides that the Controller may request the Attorney General  
            (AG) bring an action for the forfeiture of penalties in the  
            name of the people of the State of California. 

          5)Provides that the Controller may waive the forfeiture request  
            upon a satisfactory showing of good cause of why the Authority  
            did not provide the audit. 

          6)Provides that if an Authority does not complete an annual  
            report then it cannot expend any tax increment funds it  
            receives. 

          7)Requires an Authority, every 10 years, to hold a protest  
            proceeding at the public hearing to review an annual report,  
            to give property owners an opportunity to provide oral or  
            written protests against an Authority.

          8)Requires an Authority to hold an election of the property  
            owners in the areas covered by the plan if a majority of the  
            owners protest, and not initiate any new projects until the  
            election is held. 

          9)Provides that a majority protest exists if protests have been  
            filed representing 50% of the assessed value of the area. 

          10)Requires the election to be held 90 days after the public  
            hearing and permits it to be held by mail-in ballot.

          11)Prevents an Authority from taking any further action to  
            implement a plan if a majority of the property owners,  
            weighted proportional to the assessed value of their property,  
            vote against the Authority. 
          12)Allows the Authority to continue to appropriate and expend  
            funds for contractual indebtedness and complete projects for  
            which expenditures of any kind have been made prior to the  
            effective date of the election. 

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)Potentially major redirection of local property tax revenues  
            from participating local agencies, excluding schools, to a  
            CRIA [Authority] over a period of decades.  Since this bill  








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            prohibits schools from participating, there is no state fiscal  
            impact related to the redirection of local property tax  
            revenues.

          2)Estimated one-time costs to the State Controller's Office of  
            up to $217,000 (General Fund) to establish guidelines for  
            periodic financial and performance audits that include  
            provisions for determining compliance with affordable housing  
            requirements as well as secondary review and compliance  
            measures for failure to achieve initial compliance on the  
            regular audit schedule.  (Senate Appropriations Committee  
            assumes up to two personnel years of audit staff to establish  
            guidelines)

          3)Estimated periodic costs to the State Controller's Office in  
            the range of $50,000 to $100,000 (General Fund) on a periodic  
            basis for accepting audits and reviewing and approving  
            secondary compliance plans submitted by agencies that fail to  
            comply with initial audit requirements.  (Senate  
            Appropriations Committee assumes up to one personnel year of  
            audit work on a periodic basis)
           
          COMMENTS  :  This bill is a reintroduction of AB 1080 (Alejo) of  
          2013, which was held on suspense in the Senate Appropriations  
          Committee.  The only difference between this bill and AB 1080 is  
          that this bill establishes penalties that an Authority is  
          subject to, if it fails to provide the State Controller with a  
          financial audit each year.  An Authority is subject to a  
          financial penalty if it fails to submit a financial audit within  
          20 days of the Controller's request.  The penalty is based on  
          the total revenues of the Authority.  If an Authority fails to  
          provide an audit for three or more years in a row, than the  
          Controller can conduct an audit and require the Authority to pay  
          for it.  The Controller also has discretion at any time after an  
          Authority fails to provide the audit to request that the AG  
          bring an action against the Authority for the forfeiture of the  
          penalty.   

          Background:  In 2011, the Legislature approved and the Governor  
          signed two measures, AB 26 X1 (Blumenfield), Chapter 5, Statutes  
          of 2011-12 First Extraordinary Session, and AB 27 X1  
          (Blumenfield), Chapter 6, Statutes of 2011-12 First  
          Extraordinary Session, that together dissolved redevelopment  
          agencies as they existed at the time and created a voluntary  
          redevelopment program on a smaller scale.  In response, the  








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          California Redevelopment Association (CRA), League of California  
          Cities, along with other parties, filed suit challenging the two  
          measures. The Supreme Court denied the petition for peremptory  
          writ of mandate with respect to AB 26 X1. However, the Court did  
          grant CRA's petition with respect to AB 27 X1.   As a result,  
          all redevelopment agencies were required to dissolve as of  
          February 1, 2012.    

          Over the last 60 years, redevelopment agencies used tax  
          increment to finance affordable housing, community development,  
          and economic development projects.  The dissolution of  
          redevelopment agencies has created a void and an effort to  
          create new tools that would support community and economic  
          development activities.  This bill would allow local government  
          entities, excluding schools, to form an Authority to collect tax  
          increment and issue debt.  The Authority could use its powers to  
          invest in disadvantaged communities with a high crime rate, high  
          unemployment, and deteriorated and inadequate infrastructure,  
          commercial, and residential buildings.  Three of these four  
          conditions would constitute blight allowing Authorities to use  
          the powers of former redevelopment agencies.  The area where the  
          Authority could invest would also have to have an annual median  
          household income that is less than 80% of the statewide annual  
          median income.  This is different from redevelopment agencies  
          that were required to conduct a study and make a finding that  
          blight existed in a project area before they could use their  
          extraordinary powers to eradicate blight.  

          Like redevelopment, this bill would allow Authorities to freeze  
          the property taxes at the time the plan for revitalizing the  
          area is approved.  The Authority will collect all the tax  
          increment or the increase in property taxes that is generated  
          after that point and use it on specified activities.  Unlike  
          redevelopment agencies, this bill would require the taxing  
          entities in the area including the county, city, special  
          districts, or a military base to agree to divert tax increment  
          to the Authority.  Local government entities that initially  
          participate can opt out by giving the auditor-controller 60  
          days' notice; however, the auditor controller will continue to  
          collect the local government entities' portions of tax increment  
          until any debts issued up until then have been repaid.   

          Purpose of this bill:  According to the author, "Redevelopment  
          was a multi-purpose tool that focused over $6 billion per year  
          toward repairing and redeveloping urban cores, and building  








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          affordable housing, especially in those areas most economically  
          and physically disadvantaged.  Since the dissolution of  
          redevelopment agencies, communities across California are  
          seeking an economic development tool to use.  Multiple  
          legislative measures were introduced in 2012 after the  
          dissolution of redevelopment agencies in an effort to provide  
          local governments options for sustainable community economic  
          development.  Four measures were approved by the Legislature.   
          However, all four were vetoed by Governor Brown at the end of  
          legislative session.
          While the dissolution of former redevelopment agencies  
          continues, the pervasive question is, what economic development  
          tool can local governments use?  This proposal provides a viable  
          option targeting the state's disadvantaged poorer areas and  
          neighborhoods." 

          Affordable housing provisions:  Redevelopment agencies were  
          required to set aside 25% of tax increment generated in a  
          project area to increase, improve, or rehabilitate affordable  
          housing for low, very-low, and moderate income families and  
          individuals.  In previous years, redevelopment generated up to  
          $1 billion for affordable housing in the state.  This bill would  
          require an Authority to reserve 25% of the tax increment  
          generated from a project area for affordable housing.  

           
          Analysis Prepared by  :    Lisa Engel / H. & C.D. / (916) 319-2085  



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