SB 628,
as amended, Beall. Infrastructurebegin delete financing.end deletebegin insert financing: transit priority projects.end insert
(1) Existing law establishes the Transit Priority Project Program, and authorizes a city or county to participate in the program by adopting an ordinance indicating its intent to participate in the program and by forming an infrastructure financing district. Existing law requires a city or county that elects to participate in the program to amend, if necessary, its general plan, and any related specific plan, to authorize participating developers to build at an increased height of a minimum of 3 stories within the newly created infrastructure financing district. Existing law exempts from these provisions a city or county that has adopted specified language in its charter, or by ordinance or resolution.begin insert Under existing law, a transit priority project that meets specified criteria is designated as a sustainable communities project, and is thus exempt from certain environmental review requirements.end insert
This bill would eliminate the requirement of voter approval forbegin delete the adoption of an infrastructure financing plan,end delete
the creation of an infrastructure financing district,begin delete andend delete the issuance of bondsbegin insert, and the establishment or change of the appropriations limitend insert with respect to a transit priority project. The bill would require a city or county that uses infrastructure financing district bonds to finance its transit priority project to use at least 20% of thebegin delete revenue from those bondsend deletebegin insert associated property tax increment revenuesend insert for the purposes of increasing, improving, and preserving the supply of lower and moderate-incomebegin delete housing; to require that those housing units remainend deletebegin insert
housingend insert availablebegin insert in the districtend insert and occupied bybegin insert persons and families ofend insert moderate-, low-, very low, and extremely low incomebegin delete households for at least 55 years for rental units and 45 years for owner-occupied units; and to rehabilitate, develop, or construct for rental or sale to persons and families of low or moderate income an equal number of replacement dwellings to those removed or destroyed from the low- and moderate-income segment of the housing market as a result of the development of the district, as specifiedend delete. The bill would set forth the findings and declarations of the Legislature, and the intent of the Legislature that the development of transit priority projects be
environmentally conscious and sustainable, and that related construction meet or exceed the requirements of the California Green Building Standards Code.
(2) Existing law prohibits the legislative body of a city or county from enacting a resolution proposing the formation of an infrastructure finance district and providing for the division of taxes of any affected taxing entity unless a resolution approving the plan has been adopted by the governing body of each affected taxing entity that is proposed to be subject to the division of taxes has been filed with the legislative body at or prior to the time of the hearing.
end deleteThis bill would require, in the case of an affected taxing entity that is a special district that provides fire protection services and where the county board of supervisors is the governing authority or has appointed itself as the governing board of the district, that the proposed infrastructure financing district plan be adopted by a separate resolution approved by the special district’s governing authority or board.
end deleteThis bill would also eliminate the requirement of voter approval and authorize the legislative body to create the district, adopt the plan, and issue the bonds by resolutions.
end delete(3) Existing law requires that an infrastructure financing plan created by a legislative body to include a date on which the infrastructure finance district will cease to exist, which shall not be more than 30 years from the date on which the ordinance forming the district is adopted.
end deleteThis bill instead would specify that the date on which the infrastructure finance district would cease to exist would not be more than 40 years from the date on which the legislative body adopted the resolution adopting the infrastructure financing plan.
end deleteThe bill would also impose additional reporting requirements after the adoption of an infrastructure financing plan.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
(a) The Legislature finds and declares all of the
2following:
3(1) The transportation sector contributes over 40 percent of the
4greenhouse gas emissions in the State of California.
5(2) Greenhouse gas emissions from automobiles and light trucks
6can be substantially reduced by new vehicle technology and by
7the increased use of low-carbon fuel. However, even
taking these
8measures into account, it will be necessary to achieve significant
9additional greenhouse gas reductions from changed land use
10patterns and improved transportation.
11(3) California local governments need sustainable funding
12sources to accommodate transportation and land use planning
13and to develop projects that are consistent with the state’s climate,
14air quality, and energy conservation goals.
15(4) Existing law authorizes cities and counties to create
16infrastructure financing districts (IFDs) and utilize related
17tax-increment financing for infrastructure improvements in local
18jurisdictions.
19(5) Tax-increment financing of transit priority projects, through
20the use of IFDs, will provide a new tool for green development to
21help achieve the sustainable communities strategy and regional
22transportation plan
goals of Senate Bill 375 of the 2007-08
23Regular Session of the Legislature (Chapter 728 of the Statutes of
242008), as well as the greenhouse gas reduction goals of Assembly
25Bill 32 of the 2005-06 Regular Session of the Legislature (Chapter
26488 of the Statutes of 2006).
27(6) Recent studies of transit ridership in California indicate
28that people who live within a one-half mile radius of transit stations
P4 1utilize the transit system in far greater numbers than does the
2general public living elsewhere.
3(7) Greater use of public transportation, facilitated by the
4development of transit priority projects, will increase the
5development of walkable, mixed-use communities; increase the
6use of public transit, intercity rail, and future high-speed rail
7services; improve local street, road, and highway congestion;
8provide viable alternatives to automobile use; and decrease
9transportation-related
emissions.
10(8) Investment in local transit priority project development can
11improve local and regional economies by providing appropriate
12commercial and residential development opportunities, including
13job creation through the construction of related facilities, and job
14creation through employment opportunities associated with related
15entertainment, retail, residential, and other mixed-use development.
16(9) Expediting the process for local governments to create IFDs
17to implement transit priority projects will provide significant
18environmental and economic benefits to local jurisdictions and
19help meet the state’s climate, air quality, and energy conservation
20goals.
21(b) It is the intent of the Legislature that the
development of
22transit priority projects throughout the state be environmentally
23conscious and sustainable, and that related construction meet or
24exceed the requirements of the California Green Building
25Standards Code (Part 11 (commencing with Section 101.1) of Title
2624 of the California Code of Regulations, or its successor code).
begin insertSection 53395.7.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
28to read:end insert
(a) The district may finance any project that
30implements a transit priority project pursuant to Section 21155 of
31the Public Resources Code, regional transportation plan, or other
32project that is consistent with the general use, designation, density,
33building intensity, and applicable policies specified for the project
34area in either a sustainable communities strategy, or an alternative
35planning strategy, for which the State Air Resources Board,
36pursuant to Chapter 2.5 (commencing with Section 65080) of
37Division 1 of Title 7, has accepted a metropolitan planning
38organization’s determination that the sustainable communities
39strategy or the alternative planning strategy, if implemented, would
40achieve the greenhouse gas emission reduction targets.
P5 1(b) With respect to an infrastructure financing district proposed
2to implement a transit priority project pursuant to Section 21155
3of the Public Resources Code, an election is not required to form
4an infrastructure financing district, issue bonds, or establish or
5change the appropriations limit pursuant to this chapter.
6(c) At least 20 percent of all revenues derived from the property
7tax increment under this chapter shall be used for the purposes of
8increasing, improving, and preserving the supply of lower and
9moderate-income housing available in the district at an affordable
10housing cost, as defined in Section 50052.5 of the Health and
11Safety Code, and occupied by persons and families of low or
12moderate income, as defined in Section 50093 of the Health and
13Safety Code, lower income households, as defined in Section
1450079.5 of the Health and Safety Code, very low income
15households, as defined in Section 50105 of the Health and
Safety
16Code, and extremely low income households, as defined in Section
1750106 of the Health and Safety Code.
All matter omitted in this version of the bill appears in the bill as introduced in the Senate, February 22, 2013. (JR11)
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