BILL NUMBER: AB 2647 CHAPTERED
BILL TEXT
CHAPTER 826
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE AUGUST 5, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
INTRODUCED BY Assembly Member Wagner
FEBRUARY 21, 2014
An act to add Section 34182.1 to the Health and Safety Code,
relating to redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2647, Wagner. Redevelopment: El Toro Project Area: former City
of Lake Forest Redevelopment Agency.
Existing law dissolved redevelopment agencies and community
development agencies as of February 1, 2012, and provides for the
designation of successor agencies to wind down the affairs of the
dissolved redevelopment agencies and to, among other things, make
payments due for enforceable obligations and to perform obligations
required pursuant to any enforceable obligation. Existing law
additionally requires the county auditor-controller to determine
annually the amount of property taxes that would have been allocated
to each redevelopment agency had the agency not been dissolved, and
to deposit that amount into the Redevelopment Property Tax Trust
Fund. Existing law requires the county auditor-controller for each
fiscal year to allocate moneys in the Redevelopment Property Tax
Trust Fund for passthrough payment obligations, enforceable
obligations of the dissolved redevelopment agency, and administrative
costs, as specified.
This bill would require the Orange County Auditor-Controller to
allocate property tax revenues attributable to the El Toro Project
Area, as defined, between the Redevelopment Property Tax Trust Fund
established for the former Orange County Development Agency and the
Redevelopment Property Tax Trust Fund established for the former Lake
Forest Redevelopment Agency, as provided.
By adding to the duties of local government officials, this bill
would impose a state-mandated local program.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the former City of Lake Forest
Redevelopment Agency.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 34182.1 is added to the Health and Safety Code,
to read:
34182.1. (a) The Orange County Auditor Controller shall allocate
property tax revenues attributable to the El Toro Project Area
between the Redevelopment Property Tax Fund established for the
former Orange County Development Agency and the Redevelopment
Property Tax Trust Fund established for the former Lake Forest
Redevelopment Agency as provided in subdivision (b).
(b) (1) All property tax revenues deposited by the Orange County
Auditor Controller pursuant to paragraph (1) of subdivision (c) of
Section 34182 during each fiscal year that are attributable to the
Neighborhood Preservation and Development Project Area, including the
El Toro Project Area, shall initially be placed into the
Redevelopment Property Tax Trust Fund for the former Orange County
Development Agency.
(2) After deducting the administrative costs allowed under Section
34182 and Section 95.3 of the Revenue and Taxation Code, as
described in subdivision (a) of Section 34183, and remitting the
amounts required under paragraph (1) of subdivision (a) of Section
34183, the Orange County Auditor Controller shall transfer the sum of
both of the following, determined for the entire fiscal year, into
the redevelopment obligation retirement fund of the successor agency
to the Orange County Development Agency for distribution as required
by law and applicable bond covenants:
(A) The amount required by Section 33670.9.
(B) All other obligations secured by a prior claim on, or pledge
of, moneys in the Redevelopment Property Tax Trust Fund of the former
Orange County Development Agency, including tax allocation bonds, as
applicable, that are payable on a basis prior to any transfer to the
former Lake Forest Redevelopment Agency pursuant to the transfer
agreement or pursuant to Part 1.8 (commencing with Section 34161),
this part, or other law.
(3) After depositing the amount described in paragraph (2) into
the redevelopment obligation retirement fund of the successor agency
to the Orange County Development Agency, the Orange County Auditor
Controller shall deposit into the Redevelopment Property Tax Trust
Fund established for the former Lake Forest Redevelopment Agency the
transfer agreement amount, as set forth in the applicable Recognized
Obligation Payment Schedule submitted by the successor agency to the
Orange County Development Agency and approved by the Department of
Finance, to the extent moneys are available from the portion of the
former Orange County Development Agency's Redevelopment Property Tax
Trust Fund attributable to the El Toro Project Area.
(4) The payment described in paragraph (3) shall be paid prior to
all payments listed on the recognized obligation payment schedule of
the successor agency to the former Orange County Development Agency
other than the payments described in paragraph (2), unless otherwise
required by statute or applicable bond covenants.
(c) This section shall not be construed to affect the obligations
of the successor agency to the Orange County Development Agency under
Section 33670.9. Such obligations shall be prior to any transfer of
property tax revenues directed by this section and this section shall
be interpreted and construed in a manner consistent with Section
33670.9.
(d) This section is intended to implement the transfer agreement
in light of the enactment of Part 1.8 (commencing with Section 34161)
and this part and, except as expressly set forth herein, this
section is not intended to alter the transfer agreement, which shall
continue in full force and effect in accordance with its terms.
(e) For purposes of this section, both of the following
definitions shall apply:
(1) "El Toro Project Area" means the portion of the former Orange
County Development Agency's Neighborhood Preservation and Development
Project Area that was transferred to the Lake Forest Redevelopment
Agency pursuant to the transfer agreement and Sections 33216 and
33216.1.
(2) "Transfer agreement" means the Agreement to Transfer
Territorial Jurisdiction of a Noncontiguous Portion of a
Redevelopment Project Area dated as of July 6, 1999, entered into
among the County of Orange, the Orange County Development Agency, the
City of Lake Forest, the Lake Forest Redevelopment Agency, and the
City of Laguna Hills.
(3) "Transfer agreement amount" means the amount of the payment
required to be made by the former Orange County Development Agency to
the former Lake Forest Redevelopment Agency pursuant to the transfer
agreement, less the amount of passthrough payments attributable to
the El Toro Project Area that are disbursed by the Orange County
Auditor Controller pursuant to paragraph (1) of subdivision (a) of
Section 34183.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique economic circumstances in the area served by
the former City of Lake Forest Redevelopment Agency relating to the
payment of debt service on preexisting bonds secured by former tax
increment revenue generated within the El Toro Project Area.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.