BILL NUMBER: AB 313	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Atkins

                        FEBRUARY 12, 2015

   An act to amend Sections 53398.52, 53398.56, 53398.57, 53398.62,
53398.63, 53398.66, 53398.67, 53398.68, 53398.69, and 53398.75 of,
and to repeal and add Section 53398.74 of, the Government Code,
relating to enhanced infrastructure financing districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 313, as introduced, Atkins. Enhanced infrastructure financing
districts.
   Existing law authorizes the legislative body of a city or a
county, defined to include a city and county, to establish an
enhanced infrastructure financing district to finance public capital
facilities or other specified projects of communitywide significance,
including, but not limited to, the acquisition, construction, or
rehabilitation of housing for persons of low and moderate income for
rent or purchase. Existing law requires proceedings for the
establishment of a district to be instituted by the adoption of a
resolution of intention to establish the proposed district, and
imposes specified duties on the legislative body with respect to the
preparation, proposal, and adoption of an infrastructure financing
plan after that resolution of intent is adopted.
   Existing law also requires the legislative body to establish a
public financing authority, defined as the governing board of the
enhanced infrastructure financing authority, prior to the adoption of
a resolution to form an enhanced infrastructure district and
infrastructure financing plan.
   This bill would require, after the adoption of a resolution of
intention to establish the proposed district, the legislative body to
send a copy of the resolution to the public financing authority.
This bill would revise the duties of the public financing authority
after the resolution of intention to establish the proposed district
has been adopted, so that the public financing authority, instead of
the legislative body, will perform the specified duties related to
the preparation, proposal, and adoption of the infrastructure
financing plan and the adoption of the formation of the district.
   This bill would provide that if a resolution is adopted to abandon
proceedings to adopt the infrastructure financing plan, then the
public financing authority ceases to exist and the legislative body
is prohibited from enacting a resolution of intent to establish a
district that includes the same geographic area within one year of
the date of the resolution abandoning the proceedings.
   This bill would authorize the enhanced infrastructure financing
district to finance the acquisition, construction, or rehabilitation
of housing for persons of very low income for rent or purchase, as
provided.
   Existing law authorizes an enhanced infrastructure financing
district to utilize any powers under the Polanco Redevelopment Act,
which authorizes a redevelopment agency to take action to remedy or
remove a release of hazardous substances on, under, or from property,
subject to specified conditions. Existing law also authorizes a
local agency to take any action similar to that authorized under the
Polanco Redevelopment Act.
   This bill would instead authorize an enhanced infrastructure
financing district to utilize any powers under either law.
   Existing law requires the infrastructure financing plan to
provided for specific actions if 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, including,
but not limited to, causing or requiring the construction or
rehabilitation, for rent or sale to persons or families of low or
moderate income, of an equal number of replacement dwelling units at
affordable housing cost within the territory of the district and
providing relocation assistance to persons displaced by any public or
private development occurring within the territory of the district.
   This bill would revise and recast those provisions, and would
require the infrastructure financing plan to contain those provisions
if any dwelling units are proposed to be removed or destroyed either
in the course of private development that is financed by the
district or by public works construction resulting from the
infrastructure financing plan.
   Article XIIIB of the California Constitution (Article XIII B)
prohibits the annual appropriations subject to limitation of a local
government, defined to include a special district, from exceeding its
annual appropriations limit, but allows for that appropriations
limit to be established or changed by the electors of that entity in
conformity with existing constitutional and statutory laws. Article
XIII B defines "appropriations subject to limitation" as any
authorization to expend during a fiscal year the proceeds of taxes
levied by or for that entity. Existing law allows the public
financing authority to submit a proposition to establish or change
the appropriations limit of an enhanced infrastructure financing
district to the qualified electors of a proposed or established
district, which is effective if approved by the qualified electors.
   Existing law also authorizes an enhanced infrastructure financing
district to fund infrastructure projects through tax increment
financing, pursuant to the infrastructure financing plan and the
agreement of affected taxing entities, as defined.
   This bill would repeal those provisions allowing the public
financing authority to submit a proposition to establish or change
the appropriations limit of the district, and instead provide that
the allocation and payment to an enhanced infrastructure district of
tax increment for the purpose of paying specified amounts incurred by
the district is not the receipt by a district of proceeds of taxes
levied by or on behalf of the district within the meaning or for the
purposes of Article XIII B, and is not the receipt of proceeds of
taxes by, or an appropriation subject to limitation of, any other
public body within the meaning or for purposes of Article XIII B.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53398.52 of the Government Code is amended to
read:
   53398.52.  (a) (1) A district may finance any of the following:
   (A) 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).
   (B) The planning and design work that is directly related to the
purchase, construction, expansion, or rehabilitation of property.
   (C) The costs described in Sections 53398.56 and 53398.57.
   (2) The facilities need not be physically located within the
boundaries of the district. However, any facilities financed outside
of a district must have a tangible connection to the work of the
district, as detailed in the infrastructure financing plan adopted
pursuant to Section 53398.69.
   (3) A district may not finance routine maintenance, repair work,
or the costs of an ongoing operation or providing services of any
kind.
   (b) The district shall finance only public capital facilities or
other specified projects of communitywide significance that provide
significant benefits to the district or the surrounding community,
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) Brownfield restoration and other environmental mitigation.
   (10) The development of projects on a former military base,
provided that the projects are consistent with the military base
authority reuse plan and are approved by the military base reuse
authority, if applicable.
   (11) The repayment of the transfer of funds to a military base
reuse authority pursuant to Section 67851 that occurred on or after
the creation of the district.
   (12) The acquisition, construction, or rehabilitation of housing
for persons of  low   very low, low,  and
moderate income, as defined in  Section  
Sections 50105 and  50093 of the Health and Safety Code, for
rent or purchase.
   (13) Acquisition, construction, or repair of industrial structures
for private use.
   (14) Transit priority projects, as defined in Section 21155 of the
Public Resources Code, that are located within a transit priority
project area. For purposes of this paragraph, a transit priority
project area may include a military base reuse plan that meets the
definition of a transit priority project area and it may include a
contaminated site within a transit priority project area.
   (15) Projects that implement a sustainable communities strategy,
when the State Air Resources Board, pursuant to Chapter 2.5
(commencing with Section 65080) of Division 2 of Title 7, has
accepted a metropolitan planning organization's determination that
the sustainable communities strategy or the alternative planning
strategy would, if implemented, achieve the greenhouse gas emission
reduction targets.
   (c) The district shall require, by recorded covenants or
restrictions, that housing units built pursuant to this section shall
remain available at affordable housing costs to, and occupied by,
persons and families of  low-   very low, low,
 or moderate-income households for the longest feasible time,
but for not less than 55 years for rental units and 45 years for
owner-occupied units.
   (d) The district may finance mixed-income housing developments,
but may finance only those units in such a development that are
restricted to occupancy by persons of  low  
very low, low,  or moderate incomes as defined in 
Section   Sections 50105 and  50093 of the Health
and Safety Code, and those onsite facilities for child care,
after-school care, and social services that are integrally linked to
the tenants of the restricted units.
   (e) A district may utilize any powers under  either  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)  or Chapter 6.10 (commencing with Section 25403) of
Division 20 of the Health and Safety Code  , and finance any
action necessary to implement that act.
  SEC. 2.  Section 53398.56 of the Government Code is amended to
read:
   53398.56.  It is the intent of the Legislature that the creation
of the districts 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 
that is financed by the district  or public works construction
 within the area of the district,   as a result
of  the infrastructure financing plan adopted pursuant to
Section 53398.69  , then that infrastructure financing plan 
shall contain provisions to do all of the following: 
   (a) Within two years of the removal or destruction, cause or
require the construction or rehabilitation, for rent 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 two years of the removal or destruction, cause or
require the construction or rehabilitation, for rent or sale to
persons of low or moderate income, a number of dwelling units that is
at least one unit but not less than 25 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.
 
   (a) If the dwelling units to be removed or destroyed are or were
inhabited by persons or families of very low, low, or moderate
income, as defined in Sections 50105 and 50093 of the Health and
Safety Code, at any time within five years prior to establishment of
the district, cause or require the construction or rehabilitation of
an equal number of replacement dwelling units, within one-half mile
of the location of the units to be removed or destroyed, that have an
equal or greater number of bedrooms as those removed or destroyed
units, within two years of the removal or destruction of the dwelling
units. The replacement dwelling units shall be available for rent or
sale to persons or families of very low, low, or moderate income, at
affordable rent, as defined in Section 50053 of the Health and
Safety Code, or at affordable housing cost, as defined in Section
50052.5 of the Health and Safety Code, to persons in the same or a
lower income category (extremely low, very low, low, or moderate), as
the persons displaced from, or who last occupied, the removed or
destroyed dwelling units.  
   (b) If the dwelling units to be removed or destroyed were not
inhabited by persons of low or moderate income within the period of
time specified in subdivision (a), cause or require the construction
or rehabilitation within one-half mile of the location of the units
to be removed or destroyed of at least one unit but not less than 25
percent of the total dwelling units removed or destroyed, within two
years of the removal or destruction of the dwelling units. The units
constructed or rehabilitated pursuant to this subdivision shall be of
equivalent size and type to the units to be removed or destroyed. An
equal percentage of the replacement dwelling units constructed or
rehabilitated pursuant to this subdivision shall be available for
rent or sale at affordable rent, as defined in Section 50053 of the
Health and Safety Code, or affordable housing cost, as defined in
Section 50052.5 of the Health and Safety Code, to extremely low and
very low income persons or families, as defined in Sections 50106 and
50105 of the Health and Safety Code.  
   (c) Comply with all relocation assistance requirements of Chapter
16 (commencing with Section 7260) of Division 7 of Title 1, for
persons displaced from dwelling units by any public or private action
occurring as a result of the infrastructure financing plan adopted
pursuant to Section 53398.69. The displacement of any persons from a
dwelling unit as a result of the plan 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 has been full compliance with the
relocation assistance requirements of this section, Section 53398.63,
and Chapter 16 (commencing with Section 7260) of Division 7 of Title
1. 
   (e) (1) The district shall require, by recorded covenants or
restrictions, that  housing   all dwelling 
units  built   constructed or rehabilitated
 pursuant to this section shall remain available at affordable
 rent or  housing  costs   cost 
to, and occupied by, persons and families of  low- or
moderate-income households   the same income categories
as required by subdivision   (a) or (b), as applicable,
 for the longest feasible time, but for not less than 55 years
for rental units and 45 years for owner-occupied units. 
   (2) In lieu of a 45-year covenant or restriction, the district may
subject owner-occupied units to an equity sharing agreement
described in paragraph (2) of subdivision (c) of Section 65915.
 
   (2) The district may permit sales of owner-occupied units prior to
the expiration of the 45-year period for a price in excess of that
otherwise permitted under this subdivision pursuant to an adopted
program which protects the district's investment of moneys in the
unit or units, including, but not limited to, an equity sharing
program, not in conflict with another public funding source or law,
which establishes a schedule of equity sharing that permits retention
by the seller of a portion of those excess proceeds based on the
length of occupancy. For purposes of this paragraph, the terms of the
equity sharing program shall be consistent with the provisions of
paragraph (2) of subdivision (c) of Section 65915, provided, however,
that the program shall require any amounts recaptured by the
district to be used within five years for any of the affordable
housing purposes described in Section 34176.1 of the Health and
Safety Code. 
  SEC. 3.  Section 53398.57 of the Government Code is amended to
read:
   53398.57.  Any action or proceeding to attack, review, set aside,
void, or annul the creation of a district, adoption of an
infrastructure financing plan, including a division of taxes
thereunder, or an election pursuant to this chapter shall be
commenced within 30 days after the enactment of the resolution
creating the district pursuant to Section 53398.69. Consistent with
the time limitations of this section, such an action or proceeding
with respect to a division of taxes under this chapter may be brought
pursuant to Chapter 9 (commencing with Section 860) of Title 10 of
Part 2 of the Code of Civil  Procedure, except that Section
869 of the Code of Civil Procedure shall not apply.  
Procedure. 
  SEC. 4.  Section 53398.62 of the Government Code is amended to
read:
   53398.62.  After adopting the resolution pursuant to Section
53398.59, the legislative body shall  send a copy of the
resolution to the public financing authority. The public financing
authority shall  designate and direct the city or county
engineer or other appropriate official to prepare an infrastructure
plan pursuant to Section 53398.63.
  SEC. 5.  Section 53398.63 of the Government Code is amended to
read:
   53398.63.  After receipt of a copy of the resolution of intention
to establish a district, the official designated pursuant to Section
53395.62 shall prepare a proposed infrastructure financing plan. The
infrastructure financing plan shall be consistent with the general
plan of the city or county 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 and other forms of
development or financial assistance that is 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 development and financial
assistance.
   (c) If funding from affected taxing entities is incorporated into
the financing plan, a finding that the development and financial
assistance 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 or county 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 plan.
   (5) 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 45 years from the date on which the issuance of bonds is
approved pursuant to subdivision (a) of Section 53398.81, or the
issuance of a loan is approved by the governing board of a local
agency pursuant to Section 53398.87.
   (6) An analysis of the costs to the city or county of providing
facilities and services to the area of the district while the area is
being developed and after the area is developed. The plan shall also
include an analysis of the tax, fee, charge, and other revenues
expected to be received by the city or county as a result of expected
development in the area of the district.
   (7) 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
  within the territory of the district  are
proposed to be removed or destroyed in the course of private
development or public works construction within the  area
  territory  of the district, a plan providing for
replacement of those units and relocation of those persons or
families consistent with the requirements of Section 53398.56.
   (f) The goals the district proposes to achieve for each project
financed pursuant to Section 53398.52.
  SEC. 6.  Section 53398.66 of the Government Code is amended to
read:
   53398.66.  The  legislative body   public
financing authority  shall conduct a public hearing prior to
adopting the proposed infrastructure financing plan. The public
hearing shall be called no sooner than 60 days after the plan has
been sent to each affected taxing entity. In addition to the notice
given to landowners and affected taxing entities pursuant to Sections
53398.60 and 53398.61, notice of the public hearing shall be given
by publication not less than once a week for four successive weeks in
a newspaper of general circulation published in the city or county
in which the proposed district is located. The notice shall state
that the district will be used to finance public facilities or
development, briefly describe the public facilities or development,
briefly describe the proposed financial arrangements, including the
proposed commitment of incremental tax revenue, describe the
boundaries of the proposed district and state the day, hour, and
place when and where any persons having any objections to the
proposed infrastructure financing plan, or the regularity of any of
the prior proceedings, may appear before the  legislative
body   public financing authority  and object to
the adoption of the proposed plan by the  legislative body
  public financing authority  .
  SEC. 7.  Section 53398.67 of the Government Code is amended to
read:
   53398.67.  At the hour set in the required notices, the 
legislative body   public financing authority 
shall proceed to hear and pass upon all written and oral objections.
The hearing may be continued from time to time. The 
legislative body   public financing authority 
shall consider the recommendations, if any, of affected taxing
entities, and all evidence and testimony for and against the adoption
of the plan. The  legislative body   public
financing authority  may modify the plan by eliminating or
reducing the size and cost of proposed facilities or development, by
reducing the amount of proposed debt, or by reducing the portion,
amount, or duration of incremental tax revenues to be committed to
the district.
  SEC. 8.  Section 53398.68 of the Government Code is amended to
read:
   53398.68.  (a) The  legislative body   public
financing authority  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 53398.75) 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 53398.75) and 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   public financing authority
 from amending its infrastructure financing plan and adopting a
resolution proposing formation of the enhanced 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. 9.  Section 53398.69 of the Government Code is amended to
read:
   53398.69.  (a) At the conclusion of the hearing, the 
legislative body   public financing authority  may
adopt a resolution proposing adoption of the infrastructure financing
plan, as modified, and formation of the enhanced infrastructure
financing district in a manner consistent with Section 53398.68, or
it may  abandon   adopt a resolution abandoning
 the proceedings.  If the   proceedings are
abandoned, then the public financing authority shall cease to exist
by operation of this section with no further action required of the
legislative body and the legislative body may not enact a resolution
of intention to establish a district that includes the same
geographic area within one year of the date of the resolution
abandoning the proceedings. 
   (b) The infrastructure financing plan  and the formation
of the enhanced infrastructure financing district  shall
take effect upon the  legislative body's  adoption
of the resolution. The infrastructure financing plan shall specify if
the district shall be funded solely through the district's share of
tax increment, governmental or private loans, grants, bonds,
assessments, fees, or some combination thereof. However, the public
financing authority may not issue bonds or levy assessments or fees
that may be included in the infrastructure financing plan prior to
one or more of the following:
   (1) An affirmative vote, pursuant to subdivision (a) of Section
53398.81, to issue bonds to finance the infrastructure financing
plan.
   (2)  Without compliance   Compliance 
with the procedures required in subdivision (f) of Section 53398.75,
to levy assessments or fees to finance the infrastructure financing
plan.
   (c) In addition the district may expend up to 10 percent of any
accrued tax increment in the first two years of the effective date of
the enhanced infrastructure financing district on planning and
dissemination of information to the residents within the district's
boundaries about the infrastructure financing plan and planned
activities to be funded by the district.
  SEC. 10.  Section 53398.74 of the Government Code is repealed.

   53398.74.  The public financing authority may submit a proposition
to establish or change the appropriations limit, as defined by
subdivision (h) of Section 8 of Article XIII B of the California
Constitution, of a district to the qualified electors of a proposed
or established district. The proposition establishing or changing the
appropriations limit shall become effective if approved by the
qualified electors voting on the proposition and shall be adjusted
for changes in the cost of living and changes in populations, as
defined by subdivisions (b) and (c) of Section 7901, except that the
change in population may be estimated by the legislative body in the
absence of an estimate by the Department of Finance, and in
accordance with Section 1 of Article XIII B of the California
Constitution. For purposes of adjusting for changes in population,
the population of the district shall be deemed to be at least one
person during each calendar year. Any election held pursuant to this
section may be combined with any election held pursuant to Section
53398.80 in any convenient manner. 
  SEC. 11.  Section 53398.74 is added to the Government Code, to
read:
   53398.74.  This section implements and fulfills the intent of this
chapter and of Article XIII B of the California Constitution. The
allocation and payment to a district of the portion of taxes
specified in Section 53398.75 for the purpose of paying principal of,
or interest on, loans, advances, or indebtedness incurred by the
district pursuant to this chapter, shall not be deemed the receipt by
a district of proceeds of taxes levied by or on behalf of the
district within the meaning or for the purposes of Article XIII B of
the California Constitution, nor shall that portion of taxes be
deemed receipt of proceeds of taxes by, or an appropriation subject
to limitation of, any other public body within the meaning or for
purposes of Article XIII B of the California Constitution or any
statutory provision enacted in implementation of Article XIII B of
the California Constitution.
  SEC. 12.  Section 53398.75 of the Government Code is amended to
read:
   53398.75.  (a) Any infrastructure financing plan may contain a
provision that taxes, if any, levied upon taxable property in the
area included within the enhanced infrastructure financing district
each year by or for the benefit of the State of California, or any
affected taxing entity after the effective date of the ordinance
adopted pursuant to Section 53398.69 to create the district, shall be
divided as follows:
   (1) That portion of the taxes that would be produced by the rate
upon which the tax is levied each year by or for each of the affected
taxing entities upon the total sum of the assessed value of the
taxable property in the district as shown upon the assessment roll
used in connection with the taxation of the property by the affected
taxing entity, last equalized prior to the effective date of the
ordinance adopted pursuant to Section
            53398.69 to create the district, shall be allocated to,
and when collected shall be paid to, the respective affected taxing
entities as taxes by or for the affected taxing entities on all other
property are paid.
   (2) That portion of the levied taxes each year specified in the
adopted infrastructure financing plan for the city or county and each
affected taxing entity that has agreed to participate pursuant to
Section 53398.68 in excess of the amount specified in  paragraph
(1) of  subdivision (a) shall be allocated to, and when
collected shall be paid into a special fund of, the district for all
lawful purposes of the district. Unless and until the total assessed
valuation of the taxable property in a district exceeds the total
assessed value of the taxable property in the district as shown by
the last equalized assessment roll referred to in  paragraph (1)
of  subdivision (a), all of the taxes levied and collected upon
the taxable property in the district shall be paid to the respective
affected taxing entities. When the district ceases to exist pursuant
to the adopted infrastructure financing plan, all moneys thereafter
received from taxes upon the taxable property in the district shall
be paid to the respective affected taxing entities as taxes on all
other property are paid.
   (b) Notwithstanding subdivision (a), where any district boundaries
overlap with the boundaries of any former redevelopment project
area, any debt or obligation of a district shall be subordinate to
any and all enforceable obligations of the former redevelopment
agency, as approved by the Oversight Board and the Department of
Finance. For the purposes of this chapter, the division of taxes
allocated to the district pursuant to subdivision (a) of this section
or of subdivision (b) of Section 53396 shall not include any taxes
required to be deposited by the county auditor-controller into the
Redevelopment Property Tax Trust Fund created pursuant to subdivision
(b) of Section 34170.5 of the Health and Safety Code.
   (c) The legislative body of the city or county forming the
district may choose to dedicate any portion of its net available
revenue to the district through the financing plan described in
Section 53398.63.
   (d) For the purposes of this section, "net available revenue"
means periodic distributions to the city or county from the
Redevelopment Property Tax Trust Fund, created pursuant to Section
34170.5 of the Health and Safety Code, that are available to the city
or county after all preexisting legal commitments and statutory
obligations funded from that revenue are made pursuant to Part 1.85
(commencing with Section 34170) of Division 24 of the Health and
Safety Code. "Net available revenue" shall not include any funds
deposited by the county auditor-controller into the Redevelopment
Property Tax Trust Fund or funds remaining in the Redevelopment
Property Tax Trust Fund prior to distribution. Net available revenues
shall not include any moneys payable to a school district that
maintains kindergarten and grades 1 to 12, inclusive, community
college districts, county office of education, or to the Educational
Revenue Augmentation Fund, pursuant to paragraph (4) of subdivision
(a) of Section 34183 of the Health and Safety Code.
   (e) (1) That portion of any ad valorem property tax revenue
annually allocated to a city or county pursuant to Section 97.70 of
the Revenue and Taxation Code that is specified in the adopted
infrastructure financing plan for the city or county that has agreed
to participate pursuant to Section 53398.68, and that corresponds to
the increase in the assessed valuation of taxable property shall be
allocated to, and when collected shall be apportioned to a special
fund of the district for all lawful purposes of the district.
   (2) When the district ceases to exist pursuant to the adopted
infrastructure financing plan, the revenues described in this
subdivision shall be allocated to, and when collected, shall be
apportioned to the respective city or county.
   (f) This section shall not be construed to prevent a district from
utilizing revenues from any of the following sources to support its
activities provided that the applicable voter approval has been
obtained, and the infrastructure financing plan has been approved
pursuant to Section 53398.69:
   (1) The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code).
   (2) The Municipal Improvement Act of 1913 (Division 12 (commencing
with Section 10000) of the Streets and Highways Code).
   (3) The Improvement Bond Act of 1915 (Division 10 (commencing with
Section 8500) of the Streets and Highways Code).
   (4) The Landscaping and Lighting Act of 1972 (Part 2 (commencing
with Section 22500) of Division 15 of the Streets and Highways Code).

   (5) The Vehicle Parking District Law of 1943 (Part 1 (commencing
with Section 31500) of Division 18 of the Streets and Highways Code).

   (6) The Parking District Law of 1951 (Part 4 (commencing with
Section 35100) of Division 18 of the Streets and Highways Code).
   (7) The Park and Playground Act of 1909 (Chapter 7 (commencing
with Section 38000) of Part 2 of Division 3 of Title 4 of this code).

   (8) The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of this
title).
   (9) The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing
with Section 54703) of Part 1 of Division 2 of this title).
   (10) The so-called facilities benefit assessment levied by the
charter city of San Diego or any substantially similar assessment
levied for the same purpose by any other charter city pursuant to any
ordinance or charter provision.