BILL NUMBER: AB 2280 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN ASSEMBLY APRIL 21, 2016
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 18, 2016
An act to add Section 50964 to the Health and Safety
Code, 50474.22 to the Government Code,
relating to housing. rental companies, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2280, as amended, Ridley-Thomas. California Housing
Finance Agency: program eligibility requirements: changes.
Rental companies: customer facility charge.
Existing law authorizes airports to require rental companies to
collect a customer facility charge for specified purposes and
requires airports to provide certain audits and reports regarding
those fees to specified committees of the Legislature.
This bill would authorize the Los Angeles International Airport to
charge those same fees for additional specified purposes and would
require that airport to provide certain audits and reports regarding
those fees to specified committees of the Legislature.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Los Angeles International
Airport.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law creates the California Housing Finance Agency, which
is administered by a board of directors and which is supervised on a
day-to-day basis by an executive director. Existing law provides that
the primary purpose of the agency is to meet the housing needs of
persons and families of low to moderate income. Existing law
authorizes the agency to make loans to housing sponsors for housing
developments and to qualified mortgage lenders, among others.
This bill would require the agency, within 5 business days of
making a change to the eligibility requirements for a housing or
lending program that the agency administrates, to provide a lender or
other party participating in the program notice of the change unless
providing that notice within 5 business days would impose an undue
burden on the agency. The bill would authorize the notice to be
provided by a program bulletin.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes no .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 50474.22 is added to the
Government Code , to read:
50474.22. (a) For purposes of this section, "customer facility
charge" means any fee, including an alternative fee, required by the
Los Angeles International Airport to be collected by a rental company
from a renter for any of the following purposes:
(1) To finance, design, construct, or otherwise improve
consolidated airport vehicle rental facilities.
(2) To finance, design, construct, operate, maintain, or otherwise
improve common-use transportation systems that move passengers
between airport terminals and those consolidated vehicle rental
facilities, and acquire vehicles for use in that system.
(3) To finance, design, construct, or otherwise improve terminal
modifications solely to accommodate and provide customer access to
common-use transportation systems. The fees designated as a customer
facility charge shall not otherwise be used to pay for terminal
expansion, gate expansion, runway expansion, changes in hours of
operation, or changes in the number of flights arriving or departing
from the airport.
(b) The aggregate amount to be collected shall not exceed the
reasonable costs, as determined by an audit by an independent auditor
paid for by the airport, to finance, design, construct, operate,
maintain, or otherwise improve, as applicable, those facilities,
systems, and modifications. The auditor shall independently examine
and substantiate the necessity for, and the amount of, the customer
facility charge, including whether the airport's actual or projected
costs are supported and justified, any steps the airport may take to
limit costs, potential alternatives for meeting the airport's revenue
needs other than the collection of the fee, and whether and to what
extent rental companies or other businesses or individuals using the
facility or common-use transportation system may pay for the costs
associated with these facilities and systems apart from the fee from
rental customers, or whether the airport did not comply with any
provision of this section. Copies of the audit shall be provided to
the Assembly and Senate Committees on Judiciary, the Assembly
Committee on Transportation, and the Senate Committee on
Transportation and Housing and shall be posted on the airport's
Internet Web site. In the case of a customer facility charge for a
common-use transportation system, the audit also shall consider the
reasonable costs of providing the transit system or busing network
pursuant to paragraph (1) of subdivision (a). Any audit required by
this subdivision may be included as a part of an audit of an airport'
s finances.
(c) The authorization under this section for an airport to impose
a customer facility charge shall become inoperative when bonds,
capital contributions, availability payment contracts, lease
agreements, or other forms for financing are paid or reimbursed. The
maximum term for financing under this section shall not exceed 35
years.
(d) This section shall not apply to any fee, including an
alternative fee, required by an airport other than the Los Angeles
International Airport to be collected by a rental company from a
renter.
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 circumstances and
operations of the Los Angeles International Airport.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to efficiently address pressing public safety concerns at
the Los Angeles Inernational Airport by providing necessary
financing tools, it is necessary that this act take effect
immediately.
SECTION 1. It is the intent of the Legislature
in enacting this act to do all of the following:
(a) Promote home ownership in California by establishing stability
and predictability in the programs administered by the California
Housing Finance Agency.
(b) To improve the confidence of prospective home buyers in
government programs designed to assist them in the complex process of
buying a home and the ability of prospective home buyers to purchase
a home.
(c) To ensure that prospective home buyers who are in the process
of purchasing a home through a program administered by the California
Housing Finance Agency receive notice as soon as practically
possible regarding changes in eligibility requirements, so they are
best positioned to secure the financing that they need and deserve.
SEC. 2. Section 50964 is added to the Health
and Safety Code, to read:
50964. The agency shall, within five business days of making a
change to the eligibility requirements for a housing or lending
program that the agency administers, however that program may be
characterized, including, but not limited to, the California
Homebuyer's Downpayment Assistance Program (Chapter 11 (commencing
with Section 51500)) and the Mortgage Credit Certificate Program
(Chapter 3.5 (commencing with Section 50172) of Part 1), provide a
lender or other party participating in the program notice of the
change unless providing that notice within five business days would
impose an undue burden on the agency. The notification may be
provided by means of a program bulletin.